London Daily

Focus on the big picture.
Friday, Feb 27, 2026

Judges overturn boy's £290,000 diving death payout

Judges overturn boy's £290,000 diving death payout

Judges have overturned a decision to award £290,000 compensation to the son of a diver who died off Cape Wrath.

Lex Warner, 50, from Sutton Coldfield, near Birmingham, was injured in a fall on the boat before he made the dive on the Highlands' north coast in 2012.

Orkney-based Scapa Flow Charters was sued by his son Vincent, nine, in a legal action through his mother Debbie.

Judges at the Inner House of the Court of Session in Edinburgh agreed with appeal submissions from the boat firm.

Lord Carloway wrote that Scapa Flow Charters had put in place adequate safety measures, before Mr Warner fell on the boat while walking in fins.

He concluded that Mr Warner chose not to use the safety measures in place and had made an "informed choice".

Lord Carloway wrote: "It was sufficient in the exercise of reasonable care for the defenders to have provided a safe means of moving from the seat to the exit point in the form of a non-slip and unobstructed deck, handrails and a deckhand.

"Mr Warner, who was well aware of what was an obvious and inherent risk, chose not to use the provided means.

"That was a matter for his choice in the context of a leisure pursuit in which he, and not the defenders, was the skilled and experienced person."

Mrs Warner and Vincent outside the UK Supreme Court in 2018


Mr Warner and a group of friends had been making a deep water technical dive off a wreck, on board Scapa Flow Charters' boat MV Jean Elaine.

Mr Warner's widow won a case at the UK Supreme Court in 2018 to be allowed to raise the civil court action on their son's behalf.

The case centred on how Mr Warner fell while on the boat. He sustained an abdominal injury and later got into difficulty when he was in the water.

Lawyers for the family claimed the boat's captain Andy Cuthbertson did not do enough to minimise the risks which came from divers walking on board boats while wearing fins.

In a judgment published last year, Lord Sandison agreed with the submissions made by the Warner family's legal team.

He concluded Mr Cuthbertson failed to put in place proper health and safety measures which would have protected Mr Warner from falling.

But lawyers for Scapa Flow Charters told appeal judges Lord Carloway, Lord Woolman and Lord Pentland that Lord Sandison was wrong to find Mr Cuthbertson at fault.

Newsletter

Related Articles

0:00
0:00
Close
Dyson Reaches Settlement in Landmark UK Forced Labour Case
Barclays and Jefferies Shares Fall After UK Mortgage Lender Collapse Rekindles Credit Market Concerns
Play Exploring Donald Trump’s Rise to Power by ‘Lehman Trilogy’ Author to Premiere in the UK
Man Arrested After Churchill Statue Defaced in Central London
Keir Starmer Faces Political Setback as Labour Finishes Third in High-Profile By-Election
UK Assisted Dying Bill Set to Fall Short in Parliament as Regional Initiatives Gain Ground
UK Defence Ministry Clarifies Position After Reports of Imminent Helicopter Contract
Independent Left-Wing Plumber Secures Shock Victory as Greens Surge in UK By-Election
Reform UK Refers Alleged ‘Family Voting’ Incidents in By-Election to Police
United Kingdom Temporarily Withdraws Embassy Staff from Iran Amid Heightened Regional Tensions
UK Government Reaches Framework Agreement on Release of Mandelson Vetting Files
UK Police Contracts With Israeli Surveillance Firms Spark Debate Over Ethics and Oversight
United Airlines Passenger Hears Cockpit Conversations After Accessing In-Flight Audio Channel
Spain to Conduct Border Checks on Gibraltar Arrivals Under New Post-Brexit Framework
Engie Shares Jump After $14 Billion Agreement to Acquire UK Power Grid Assets
BNP Paribas Overtakes Goldman Sachs in UK Investment Banking League Tables
Geothermal Project to Power Ten Thousand Homes Marks UK Renewable Energy Milestone
UK Visa Grants Drop Nineteen Percent in 2025 as Migration Controls Tighten
Barclays and Jefferies Among Banks Exposed to Collapse of UK Mortgage Lender MFS
UK Asylum Applications Edge Down in 2025 Despite Rise in Small Boat Crossings
Jefferies Reports Significant Exposure After Collapse of UK Lender MFS
FTSE 100 Reaches Fresh Record Highs as Major Share Buybacks and Earnings Lift London Stocks
So, what's happened is, I think, government policy, not just under Labour, but under the Conservatives as well, has driven a lot of small landlords out of business.
Larry Summers, the former U.S. Treasury Secretary, is resigning from Harvard University as fallout continues over his ties to Jeffrey Epstein.
U.S. stocks ended higher on Wednesday, with the Dow gaining about six-tenths of a percent, the S&P 500 adding eight-tenths of a percent, and the tech-heavy Nasdaq climbing roughly one-and-a-quarter percent.
From fears of AI-fuelled unemployment to Big Tech's record investment, this is AI Weekly.
Apple just dropped iOS 26.4.
US Lawmakers Seek Briefing from UK Over Reported Encryption Order Directed at Apple
UK Business Secretary Calls on EU to Remove Trade Barriers Hindering Growth
Legal Pathways for Removing Prince Andrew from Britain’s Line of Succession Examined
PM Netanyahu welcome India PM Narendra Modi to Israel
Shadow Diplomacy: How Harry and Meghan’s Jordan Trip Undermines the Monarchy
Sir Jim Ratcliffe, co-owner of Manchester United, comments on immigration in the UK.
Bill Gates, the UN and the WEF are attempting to construct "a giant digital gulag for all of humanity" via digital ID, CBDCs and vaccine passport infrastructure.
Britain’s Channel Crisis: Paying Billions While the Boats Keep Coming
Downing Street’s Veteran Deception Scandal
UK HealthCare Expands ‘Food as Health’ Initiative Statewide to Tackle Chronic Illness in Kentucky
Leonardo Chief Says UK Set to Decide on New Medium Helicopter Programme
UK Slows Chagos Islands Agreement After Concerns Raised in Washington
European and UK Stock Markets Reach Fresh Highs as Banks and Miners Lead Rally
UK Government Insists Chagos Islands Negotiations Continue After Minister’s ‘Pause’ Remark
No Confirmed Deal for Engie to Acquire UK Power Networks Amid Market Speculation
UK Reaffirms Updated Entry Requirements for Travellers as of February 25, 2026
General Atlantic to sell equity stake in ByteDance, valuing the company at $550 billion
German Chancellor Friedrich Merz Secures Pledge from China for Greater Imports of Quality Goods
Lord Mandelson Condemns Arrest as Driven by ‘Baseless Suggestion’ He Would Flee Abroad
Former UK Ambassador Released on Bail Following Arrest in Epstein-Linked Investigation
UK Parliament Orders Release of Former Prince Andrew’s Government Vetting Files
Reddit Fined £14 Million by UK Regulator Over Failures in Age Verification Controls
UK Moves to Tighten Regulation of Netflix, Disney+ and Prime Video Under New Media Rules
×